II 117TH CONGRESS 1ST SESSION S. 507 To increase deployment of electric vehicle charging infrastructure in low- income communities and communities of color, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 1, 2021 Ms. CORTEZ MASTO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To increase deployment of electric vehicle charging infra- structure in low-income communities and communities of color, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Electric Vehicles for 4 Underserved Communities Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) ELECTRIC VEHICLE.—The term ‘‘electric 8 vehicle’’ means— 9 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 507 IS (A) a Zero-Emission Vehicle (as defined in 1 section 88.102–94 of title 40, Code of Federal 2 Regulations (as in effect on the date of enact- 3 ment of this Act)); and 4 (B) a vehicle that, under any possible oper- 5 ational mode or condition, produces zero ex- 6 haust emissions of— 7 (i) any criteria pollutant for which 8 there are national ambient air quality 9 standards under section 109 of the Clean 10 Air Act (42 U.S.C. 7409); 11 (ii) any precursor pollutant; or 12 (iii) any greenhouse gas. 13 (2) ELECTRIC VEHICLE CHARGING INFRA- 14 STRUCTURE.— 15 (A) IN GENERAL.—The term ‘‘electric ve- 16 hicle charging infrastructure’’ means any prop- 17 erty (not including a building and its structural 18 components) if that property is— 19 (i) made available for use by members 20 of the general public; and 21 (ii) used to charge or fuel electric ve- 22 hicles, but only if the property is located at 23 the point where the vehicles are charged or 24 fueled. 25 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 507 IS (B) INCLUSION OF UTILITY SERVICE CON- 1 NECTIONS.—The term ‘‘electric vehicle charging 2 infrastructure’’ includes any utility service con- 3 nections, utility panel upgrades, or contribu- 4 tions in aid of construction (within the meaning 5 of section 118 of the Internal Revenue Code of 6 1986) that are required for the charging or 7 fueling of electric vehicles. 8 (3) GREENHOUSE GAS.—The term ‘‘greenhouse 9 gas’’ means any of the following: 10 (A) Carbon dioxide. 11 (B) Methane. 12 (C) Nitrous oxide. 13 (D) Hydrofluorocarbons. 14 (E) Perfluorocarbons. 15 (F) Sulfur hexafluoride. 16 (4) PUBLICLY ACCESSIBLE.— 17 (A) IN GENERAL.—The term ‘‘publicly ac- 18 cessible’’ means— 19 (i) with respect to electric vehicle 20 charging infrastructure, that the electric 21 vehicle charging infrastructure is available, 22 at zero or reasonable cost, to members of 23 the public for the purpose of charging a 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 507 IS privately owned or leased electric vehicle; 1 and 2 (ii) with respect to an electric vehicle, 3 that the electric vehicle is available for use 4 by members of the general public as part 5 of a ride service or vehicle sharing service 6 or program. 7 (B) INCLUSIONS.—The term ‘‘publicly ac- 8 cessible’’ includes electric vehicle charging infra- 9 structure and electric vehicles described in 10 clauses (i) and (ii), respectively, of subpara- 11 graph (A) that are located within or around— 12 (i) public sidewalks and streets; 13 (ii) public parks; 14 (iii) public buildings, including— 15 (I) libraries; 16 (II) schools; and 17 (III) government offices; 18 (iv) public parking; 19 (v) shopping centers; and 20 (vi) commuter transit hubs. 21 (5) RELEVANT PROGRAM.—The term ‘‘relevant 22 program’’ means a program of the Department of 23 Energy, including— 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 507 IS (A) the State energy program established 1 under part D of title III the Energy Policy and 2 Conservation Act (42 U.S.C. 6321 et seq.); 3 (B) the Clean Cities program; 4 (C) the Energy Efficiency and Conserva- 5 tion Block Grant Program established under 6 section 542(a) of the Energy Independence and 7 Security Act of 2007 (42 U.S.C. 17152(a)); 8 (D) a loan guarantee made under title 9 XVII of the Energy Policy Act of 2005 (42 10 U.S.C. 16511 et seq.); and 11 (E) any other program of the Department 12 of Energy, as the Secretary determines to be 13 appropriate. 14 (6) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Energy. 16 (7) UNDERSERVED OR DISADVANTAGED COM- 17 MUNITY.—The term ‘‘underserved or disadvantaged 18 community’’ means a community located within a 19 ZIP Code or census tract that is identified as— 20 (A) a low-income community; 21 (B) a community of color; 22 (C) a Tribal community; 23 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 507 IS (D) having a disproportionately low num- 1 ber of electric vehicle charging stations per cap- 2 ita, compared to similar areas; or 3 (E) any other community that the Sec- 4 retary determines is disproportionately vulner- 5 able to, or bears a disproportionate burden of, 6 any combination of economic, social, environ- 7 mental, and climate stressors. 8 SEC. 3. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UN- 9 DERSERVED OR DISADVANTAGED COMMU- 10 NITIES. 11 (a) ASSESSMENT.— 12 (1) IN GENERAL.—The Secretary shall conduct 13 an assessment of the state of, challenges to, and op- 14 portunities for, deployment of electric vehicle charg- 15 ing infrastructure in underserved or disadvantaged 16 communities in urban, suburban, and rural commu- 17 nities throughout the United States. 18 (2) REQUIREMENT.—In carrying out the as- 19 sessment under paragraph (1), the Secretary, to the 20 maximum extent practicable, shall work with each 21 State to enumerate and identify, with detail at the 22 level of ZIP Codes and census tracts, in urban, sub- 23 urban, and rural areas within each State— 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 507 IS (A) the number of existing and planned 1 publicly accessible level 2 charging stations and 2 direct current fast charging stations for individ- 3 ually owned light-duty and medium-duty electric 4 vehicles; 5 (B) the number of existing and planned 6 level 2 charging stations and direct current fast 7 charging stations for public sector and commer- 8 cial— 9 (i) fleet electric vehicles; and 10 (ii) medium- and heavy-duty electric 11 vehicles; and 12 (C) the number and type of electric vehicle 13 charging stations installed in or around, or 14 available to occupants of— 15 (i) public housing; or 16 (ii) affordable housing. 17 (b) REPORT.—Not later than 1 year after the date 18 of enactment of this Act, the Secretary shall submit to 19 the Committee on Energy and Natural Resources of the 20 Senate and the Committee on Energy and Commerce of 21 the House of Representatives a report on the results of 22 the assessment conducted under subsection (a), which 23 shall— 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 507 IS (1) describe the state of deployment of electric 1 vehicle charging infrastructure in underserved or 2 disadvantaged communities in urban, suburban, and 3 rural areas in the United States, including— 4 (A) the state of deployment of electric ve- 5 hicle charging infrastructure that is— 6 (i) publicly accessible; 7 (ii) installed in or around, or available 8 to occupants of— 9 (I) public housing; or 10 (II) affordable housing; 11 (iii) installed in or around, or avail- 12 able to occupants of, multi-unit dwellings; 13 (iv) available to public sector and 14 commercial fleets; or 15 (v) installed in, or available at, places 16 of work; 17 (B) the policies, plans, and programs that 18 States, cities, utilities, and private entities are 19 using to encourage greater deployment and use 20 of electric vehicles and any associated electric 21 vehicle charging infrastructure, including pro- 22 grams to encourage deployment of publicly ac- 23 cessible electric vehicle charging infrastructure 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 507 IS that is available to residents of publicly or pri- 1 vately owned multi-unit dwellings; 2 (C) ownership models for level 2 charging 3 stations and direct current fast charging sta- 4 tions located in or around— 5 (i) residential multi-unit dwellings; 6 (ii) commercial buildings; and 7 (iii) publicly accessible areas; 8 (D) mechanisms for financing electric vehi- 9 cle charging infrastructure; and 10 (E) the rates charged for the use of level 11 2 charging stations and direct current fast 12 charging stations; 13 (2) identify current barriers to expanding the 14 deployment of electric vehicle charging infrastruc- 15 ture in underserved or disadvantaged communities in 16 urban, suburban, and rural areas, including barriers 17 to expanding the deployment of publicly accessible 18 electric vehicle charging infrastructure; 19 (3) identify the potential for, and barriers to, 20 recruiting and entering into contracts with locally 21 owned small and disadvantaged businesses, including 22 women- and minority-owned businesses, to deploy 23 electric vehicle charging infrastructure in under- 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 507 IS served or disadvantaged communities in urban, sub- 1 urban, and rural areas; 2 (4) compile and provide an analysis of best 3 practices and policies used by State and local gov- 4 ernments, nonprofit organizations, and private enti- 5 ties to increase deployment of electric vehicle charg- 6 ing infrastructure in underserved or disadvantaged 7 communities in urban, suburban, and rural areas, 8 including best practices and policies relating to— 9 (A) public outreach and engagement; 10 (B) increasing deployment of publicly ac- 11 cessible electric vehicle charging infrastructure; 12 and 13 (C) increasing deployment of electric vehi- 14 cle charging infrastructure in or around pub- 15 licly or privately owned multi-unit dwellings; 16 (5) to the maximum extent practicable, enu- 17 merate and identify, with detail at the level of ZIP 18 Codes and census tracts, in urban, suburban, and 19 rural areas within each State— 20 (A) the number of existing and planned 21 publicly accessible level 2 charging stations and 22 direct current fast charging stations for individ- 23 ually owned light-duty and medium-duty electric 24 vehicles; 25 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 507 IS (B) the number of existing and planned 1 level 2 charging stations and direct current fast 2 charging stations for public sector and commer- 3 cial— 4 (i) fleet electric vehicles; and 5 (ii) medium- and heavy-duty electric 6 vehicles; and 7 (C) the number and type of electric vehicle 8 charging stations installed in or around, or 9 available to occupants of— 10 (i) public housing; or 11 (ii) affordable housing; and 12 (6) describe the methodology used to obtain the 13 information provided in the report. 14 (c) UPDATED ASSESSMENT.—Not later than 5 years 15 after the date of enactment of this Act, the Secretary 16 shall— 17 (1) update the assessment conducted under 18 subsection (a); and 19 (2) submit to the Committee on Energy and 20 Natural Resources of the Senate and the Committee 21 on Energy and Commerce of the House of Rep- 22 resentatives and make publicly available a report 23 that— 24 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 507 IS (A) updates the information reported 1 under subsection (b); and 2 (B) includes a description of case studies 3 and key lessons learned after the date on which 4 the report under subsection (b) was submitted 5 with respect to expanding the deployment of 6 electric vehicle charging infrastructure in un- 7 derserved or disadvantaged communities in 8 urban, suburban, and rural areas. 9 SEC. 4. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM. 10 (a) PROGRAM.—Not later than 90 days after the date 11 of enactment of this Act, the Secretary shall establish a 12 program, to be known as the ‘‘EV Charging Equity Pro- 13 gram’’, to increase the deployment and accessibility of 14 electric vehicle charging infrastructure in underserved or 15 disadvantaged communities by— 16 (1) providing technical assistance to eligible in- 17 dividuals and entities described in subsection (b); 18 and 19 (2) awarding grants, on a competitive basis, to 20 eligible individuals and entities described in sub- 21 section (b) for projects that increase the deployment 22 and accessibility of electric vehicle charging infra- 23 structure, including electric vehicle charging infra- 24 structure that is— 25 VerDate Sep 11 2014 02:43 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S507.IS S507 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 507 IS (A) publicly accessible; 1 (B) located within or around, or is easily 2 accessible to residents of— 3 (i) public or affordable housing; 4 (ii) multi-unit dwellings; or 5 (iii) single-family homes; or 6 (C) located within or around, or is easily 7 accessible to, places of work, subject to the con- 8 dition that the electric vehicle charging infra- 9 structure is publicly accessible not less than 5 10 days per week. 11 (b) ELIGIBLE INDIVIDUALS AND ENTITIES.— 12 (1) IN GENERAL.—Subject to paragraph (2), an 13 eligible individual or entity referred to in subsection 14 (a) is— 15 (A) an individual or household that owns 16 any property on which a project will be carried 17 out; 18 (B) a State, local, Tribal, or territorial 19 government; 20 (C) an agency or department of a State, 21 local, Tribal, or territorial government; 22 (D) an electric utility, including— 23 (i) a municipally owned electric utility; 2 [Text truncated for display. 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